Michael Leizerman, a plaintiff attorney who secured a landmark victory at the United States Supreme Court in a broker negligent selection case, has offered his perspective on the criteria he uses to assess these types of claims. His insights are particularly relevant as this specific legal precedent is significantly influencing the landscape of freight litigation.
For freight forwarders and operations managers, understanding the nuances of negligent selection is crucial. This legal area focuses on the responsibility of a broker to adequately vet and select competent motor carriers. A finding of negligent selection can expose brokers to substantial liability if a selected carrier is involved in an accident. This could lead to increased scrutiny in carrier selection processes, potentially impacting carrier availability and the speed of securing transport, as brokers may implement more stringent compliance checks. Furthermore, it could influence insurance requirements and the overall cost of brokered services as risk is re-evaluated.
